DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Examiner’s Comments
Applicants’ response filed on 10/15/2015 has been fully considered. Claims 1-13 are cancelled and claims 14-31 are pending.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 14-26 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Angeli et al (US 2007/0249253 A1) in view of Zhang et al (US 6,410,129 B2).
Regarding claim 14, Angeli discloses a non-stranded elastic laminate (elastic laminate; paragraph [0013]) comprising: an elastomeric film (Fig. 7 #34; paragraph [0062]), the elastomeric film being point-bonded to an extensible nonwoven substrate of a first extensible carded nonwoven substrate (a bottom surface of a first nonwoven web thermally point bonded to a top surface of the elastomeric film and a top surface of a second nonwoven web thermally point bonded to a bottom surface of the elastomeric film; Fig. 7 #40 and #44; paragraph [0062]) to create elastomeric film-to-extensible nonwoven bond sites (bonding points are formed between pairs of protuberances opposite each other and partially coinciding; Fig. 7 #48; paragraph [0028]), wherein each elastomeric film-to-extensible nonwoven bond site is from about 3 mm to about 10 mm from each adjacent elastomeric film-to-extensible nonwoven bond site (distance between bonding areas is from about 5 mm to about 30 mm with the bonding points in these concentrated bonding areas; Fig. 7 #48; paragraph [0028]), and further wherein the non-stranded elastic laminate comprises rugosities located between each adjacent elastomeric film-to-extensible nonwoven bond site (protuberances formed by passing two nonwoven webs with an elastic film therebetween a thermal bonding nip comprising upper cylinder and lower cylinder having protuberances; paragraph [0037]) and having a height of greater than 2 mm (the first nonwoven web and the second nonwoven web each contain protuberances having a height from about 0.1 mm to about 5 mm due to the height of the protuberances of a top roller and a bottom roller each having a height from about 0.1 mm to about 5 mm; Fig. 7; paragraph [0037]); wherein the rugosities comprises ridges of stretched, non-bonded portions of the first extensible carded nonwoven substrate that extend above a plane of the elastomeric film in the non-stranded elastic laminate (protuberances formed by passing two nonwoven webs with an elastic film therebetween a thermal bonding nip comprising upper cylinder and lower cylinder having protuberances; paragraph [0037]).
The protuberances formed from a top roller and a bottom roller followed by incremental stretching in the CD direction would result in ridges of stretched, non-bonded portions as Fig. 7 of Angeli disclose some protuberances that do not partially coincide with bonding points #46 and the stretching in the cross direction would provide protuberances that are stretched in the cross direction and parallel to the cross direction. The stretching of the protuberances after they are formed would provide the shape of rugosities in the form of ridges.
The distance between bonding areas being from about 5 mm to about 30 mm overlap the claimed range for each bond site being from about 3 mm to about 10 mm from each adjacent bond site.
It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges from the ranges disclosed in the prior art reference in order to have a design of an elastic laminate that has adequate bonding while reducing the bonding points to a minimum to obtain a particularly soft and thick web (paragraph [0029] of Angeli) as having a distance less than 5 mm between bonding areas would result in too many bonding points leading to a web that is not soft and thick and a distance more than 30 mm would result in adequate bonding or adequate cohesion between fibers of the web. It has been held that “[i]n the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists.” Please see MPEP 2144.05, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); and In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
The first nonwoven web and the second nonwoven web each containing protuberances having a height from about 0.1 mm to about 5 mm overlap the claimed range for the non-stranded elastic laminate comprising rugosities having a height greater than 2 mm.
It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges from the ranges disclosed in the prior art reference in order to provide a desired soft texture for the nonwoven webs of the elastic laminate as protuberances less than a height of 0.1 mm would result in nonwoven webs being too smooth due to not having a textured surface and protuberances more than a height of 5 mm would result in nonwoven webs having surfaces that are too rough in regard to feel when used as an absorbent article. It has been held that “[i]n the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists.” Please see MPEP 2144.05, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); and In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
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Angeli does not disclose the non-stranded elastic laminate comprising the elastomeric film comprising a multilayer film including a first elastic layer sandwiched between a first inelastic film layer and a second inelastic film layer.
However, Zhang discloses the low stress relaxation elastomeric material comprising an elastomeric film comprising a multilayer film including a first elastic layer sandwiched between a first inelastic film layer and a second inelastic film layer (a multilayer polymeric film comprising two or more layers with at least one layer being elastomeric where each elastomeric layer is joined to one or two skin layers; col. 24, lines 27-45) and wherein the elastomeric layer comprises a block copolymer comprising a styrene-olefin-styrene block copolymer comprising SIS, SBS, SIBS and mixtures thereof (col. 12, line 66-col. 13, line 13).
The multilayer polymeric film comprising two or more layers with at least one layer being elastomeric with each elastomeric layer joined to one or two skin layers would result in elastic layers sandwiched between inelastic layers.
It would have been obvious to one of ordinary skill in the art to modify the non-stranded elastic laminate of Angeli to substitute the elastomeric film of Angeli for the multilayer polymeric film of Zhang because doing so provides added comfort, fit and breathability (col. 23, lines 7-16 of Zhang) as Zhang further discloses that other disposable garments incorporate its elastomeric web in various parts for added comfort, fit and breathability. The same benefits would be reasonably expected in the elastic laminate of Angeli as it is used in disposable garments (paragraph [0003] of Zhang).
Regarding claim 15, Angeli discloses the non-stranded elastic laminate of claim 14 as noted above.
Angeli does not disclose the non-stranded elastic laminate comprising the first elastic layer comprising SIS, SBS, SIBS or combinations thereof.
However, Zhang discloses the low stress relaxation elastomeric material comprising the first elastic layer comprising SIS, SBS, SIBS or combinations thereof (the elastomeric layer comprises a block copolymer comprising a styrene-olefin-styrene block copolymer comprising SIS, SBS, SIBS and mixtures thereof; col. 12, line 66-col. 13, line 13).
It would have been obvious to one of ordinary skill in the art to modify the non-stranded elastic laminate of Angeli to substitute the elastomeric film of Angeli for the multilayer polymeric film of Zhang because doing so provides added comfort, fit and breathability (col. 23, lines 7-16 of Zhang) as Zhang further discloses that other disposable garments incorporate its elastomeric web in various parts for added comfort, fit and breathability. The same benefits would be reasonably expected in the elastic laminate of Angeli as it is used in disposable garments (paragraph [0003] of Zhang).
Regarding claim 16, Angeli discloses the non-stranded elastic laminate of claim 14 as noted above.
Angeli does not disclose the non-stranded elastic laminate comprising the first elastic layer comprising an olefinic block copolymer.
However, Zhang discloses the low stress relaxation elastomeric material comprising the first elastic layer comprising an olefinic block copolymer (the elastomeric layer comprises a block copolymer comprising a styrene-olefin-styrene block copolymer comprising SIS, SBS, SIBS and mixtures thereof; col. 12, line 66-col. 13, line 13).
It would have been obvious to one of ordinary skill in the art to modify the non-stranded elastic laminate of Angeli to substitute the elastomeric film of Angeli for the multilayer polymeric film of Zhang because doing so provides added comfort, fit and breathability (col. 23, lines 7-16 of Zhang) as Zhang further discloses that other disposable garments incorporate its elastomeric web in various parts for added comfort, fit and breathability. The same benefits would be reasonably expected in the elastic laminate of Angeli as it is used in disposable garments (paragraph [0003] of Zhang).
Regarding claim 17, Angeli discloses the non-stranded elastic laminate of claim 14 as noted above.
Angeli does not disclose the non-stranded elastic laminate comprising the first elastic layer comprising a polypropylene-based olefinic block copolymer.
However, Zhang discloses the low stress relaxation elastomeric material comprising the first elastic layer comprising a polypropylene-based olefinic block copolymer (the elastomeric layer comprises a block copolymer comprising a styrene-olefin-styrene block copolymer comprising SIS, SBS, SIBS and mixtures thereof in a blend with a polymer such as polypropylene; col. 12, line 66-col. 13, line 20).
It would have been obvious to one of ordinary skill in the art to modify the non-stranded elastic laminate of Angeli to substitute the elastomeric film of Angeli for the multilayer polymeric film of Zhang because doing so provides added comfort, fit and breathability (col. 23, lines 7-16 of Zhang) as Zhang further discloses that other disposable garments incorporate its elastomeric web in various parts for added comfort, fit and breathability. The same benefits would be reasonably expected in the elastic laminate of Angeli as it is used in disposable garments (paragraph [0003] of Zhang).
Regarding claim 18, Angeli discloses the non-stranded elastic laminate of claim 14 as noted above and Angeli discloses the non-stranded elastic laminate comprising elastomeric film having a basis weight of 50 g/m2 (the elastomeric film comprising a block copolymer film having a basis weight of 50 g/m2; Fig. 7 #34; paragraph [0060]).
Regarding claim 19, Angeli discloses the non-stranded elastic laminate of claim 14 as noted above and Angeli discloses the non-stranded elastic laminate comprising the elastomeric film having a set of less than 25% when stretched 50% (permanent set; paragraph [0060]).
Regarding claim 20, Angeli discloses the non-stranded elastic laminate of claim 14 as noted above and Angeli discloses the non-stranded elastic laminate comprising elastomeric film-extensible nonwoven bond sites arranged in offset rows (bond sites arranged in offset rows; Fig. 3; paragraph [0042]).
Fig. 3 shows the bonding points designated in bonding areas and in rows that are offset.
Regarding claim 21, Angeli discloses the non-stranded elastic laminate of claim 14 as noted above and Angeli discloses the non-stranded elastic laminate comprising the first extensible carded nonwoven substrate having a basis weight from about 10 g/m2 to about 40 g/m2 (the nonwoven web having a basis weight from about 10 g/m2 to about 40 g/m2; paragraph [0045]).
Regarding claim 22, Angeli discloses the non-stranded elastic laminate of claim 14 as noted above and Angeli discloses the non-stranded elastic laminate comprising the elastomeric film further point-bonded to a second extensible carded nonwoven substrate (a bottom surface of a first nonwoven web thermally point bonded to a top surface of the elastomeric film; Fig. 7 #40; paragraph [0062]) and wherein the elastomeric film is located directly between the first extensible carded nonwoven substrate and the second extensible carded nonwoven substrate (a bottom surface of a first nonwoven web thermally point bonded to a top surface of the elastomeric film and a top surface of a second nonwoven web thermally point bonded to a bottom surface of the elastomeric film; Fig. 7 #40; paragraph [0062])
The layer order of first nonwoven web/elastomeric film/second nonwoven web from top to bottom as shown in Fig. 7 shows that the elastomeric film is directly between the first nonwoven web (first extensible carded nonwoven substrate) and the second nonwoven web (second extensible carded nonwoven substrate).
Regarding claim 23, Angeli discloses the non-stranded elastic laminate of claim 14 as noted above.
Angeli does not disclose the non-stranded elastic laminate comprising the multilayer film including elastic layers located between inelastic layers and wherein each elastic layer comprises SIS, SBS, SIBS or combinations thereof.
However, Zhang discloses the low stress relaxation elastomeric material comprising a multilayer film including relative elastic layers disposed between relatively inelastic layers (multilayer polymeric film comprising two or more layers with at least one layer being elastomeric and each elastomeric layer joined to one or two skin layers; col. 24, lines 27-45) (col. 24, lines 27-45) and wherein each elastic layer comprises SIS, SBS, SIBS or combinations thereof (elastomeric layer comprises a block copolymer comprising a styrene-olefin-styrene block copolymer comprising SIS, SBS, SIBS and mixtures thereof; col. 12, line 66-col. 13, line 13).
The multilayer polymeric film comprising two or more layers with at least one layer being elastomeric with each elastomeric layer joined to one or two skin layers would result in elastomeric layers disposed between skin layers.
It would have been obvious to one of ordinary skill in the art to modify the elastic laminate of Angeli to substitute the elastomeric film of Angeli for the multilayer polymeric film of Zhang because doing so provides added comfort, fit and breathability (col. 23, lines 7-16 of Zhang) as Zhang further discloses that other disposable garments incorporate its elastomeric web in various parts for added comfort, fit and breathability. The same benefits would be reasonably expected in the elastic laminate of Angeli as it is used in disposable garments (paragraph [0003] of Zhang).
Regarding claim 24, Angeli discloses the non-stranded elastic laminate of claim 23 as noted above.
Angeli does not disclose the non-stranded elastic laminate comprising each elastic layer comprising from about 50 to 99% by weight of SIS, SBS, SIBS or combinations thereof.
However, Zhang discloses the low stress relaxation elastomeric material comprising each elastic layer comprising from about 50 to 99% by weight of SIS, SBS, SIBS or combinations thereof (the elastomeric layer formed from an elastomeric composition comprising about 55 wt% of a styrenic-olefinic triblock copolymer, about 15 wt% polystyrene and 30 wt% of mineral oil; col. 11, lines 27-34).
It would have been obvious to one of ordinary skill in the art to modify the elastic laminate of Angeli to substitute the elastomeric film of Angeli for the multilayer polymeric film of Zhang because doing so provides added comfort, fit and breathability (col. 23, lines 7-16 of Zhang) as Zhang further discloses that other disposable garments incorporate its elastomeric web in various parts for added comfort, fit and breathability. The same benefits would be reasonably expected in the elastic laminate of Angeli as it is used in disposable garments (paragraph [0003] of Zhang).
Regarding claim 25, Angeli discloses the non-stranded elastic laminate of claim 24 as noted above.
Angeli does not disclose the non-stranded elastic laminate comprising each elastic layer further comprising a polystyrene from about 1 to about 30% by weight of each elastic layer.
However, Zhang discloses the low stress relaxation elastomeric material comprising each elastic layer further comprising a polystyrene from about 1 to about 30% by weight of each elastic layer (the elastomeric layer formed from an elastomeric composition comprising about 55 wt% of a styrenic-olefinic triblock copolymer, about 15 wt% polystyrene and 30 wt% of mineral oil; col. 11, lines 27-34).
It would have been obvious to one of ordinary skill in the art to modify the elastic laminate of Angeli to substitute the elastomeric film of Angeli for the multilayer polymeric film of Zhang because doing so provides added comfort, fit and breathability (col. 23, lines 7-16 of Zhang) as Zhang further discloses that other disposable garments incorporate its elastomeric web in various parts for added comfort, fit and breathability. The same benefits would be reasonably expected in the elastic laminate of Angeli as it is used in disposable garments (paragraph [0003] of Zhang).
Regarding claim 26, Angeli discloses the non-stranded elastic laminate of claim 14 as noted above and Angeli discloses an non-stranded elastic laminate comprising the first extensible carded nonwoven substrate comprising a blend of polyethylene and polypropylene (fibers of the nonwoven web being bicomponent with a core and a sheath formed of different polymers and wherein the combination of polypropylene-polyethylene can be used; paragraph [0030]).
Regarding claim 29, Angeli discloses a non-stranded elastic laminate (elastic laminate; paragraph [0013]) comprising: an elastomeric film (Fig. 7 #34; paragraph [0062]), the elastomeric film being located directly between a first extensible and nonwoven substrate and a second extensible nonwoven substrate (a bottom surface of a first nonwoven web thermally point bonded to a top surface of the elastomeric film and a top surface of a second nonwoven web thermally point bonded to a bottom surface of the elastomeric film; Fig. 7 #40 and #44; paragraph [0062]), the elastomeric film being point-bonded to each of the first extensible nonwoven substrate and the second extensible nonwoven substrate a bottom surface of a first nonwoven web thermally point bonded to a top surface of the elastomeric film and a top surface of a second nonwoven web thermally point bonded to a bottom surface of the elastomeric film; Fig. 7 #40 and #44; paragraph [0062]) and defining a plurality of elastomeric film-to-extensible nonwoven bond sites (bonding points are formed between pairs of protuberances opposite each other and partially coinciding; Fig. 7 #48; paragraph [0028]), wherein each elastomeric film-to-extensible nonwoven bond site is from about 3 mm to about 10 mm from each adjacent elastomeric film-to-extensible nonwoven bond site (distance between bonding areas is from about 5 mm to about 30 mm with the bonding points in these concentrated bonding areas; Fig. 7 #48; paragraph [0028]), and further wherein the non-stranded elastic laminate comprises rugosities located between each adjacent elastomeric film-to-extensible nonwoven bond site protuberances formed by passing two nonwoven webs with an elastic film therebetween a thermal bonding nip comprising upper cylinder and lower cylinder having protuberances; paragraph [0037] and having a height of greater than 2 mm (the first nonwoven web and the second nonwoven web each contain protuberances having a height from about 0.1 mm to about 5 mm due to the height of the protuberances of a top roller and a bottom roller each having a height from about 0.1 mm to about 5 mm; Fig. 7; paragraph [0037]); wherein the rugosities comprises ridges of stretched, non-bonded portions of the first extensible carded nonwoven substrate and the second extensible nonwoven substrate that extend outwardly from a plane of the elastomeric film in the non-stranded elastic laminate (protuberances are formed by passing two nonwoven webs with an elastic film therebetween a thermal bonding nip comprising upper cylinder and lower cylinder having protuberances; Fig. 7; paragraph [0037]).
The distance between bonding areas being from about 5 mm to about 30 mm overlap the claimed range for each bond site being from about 3 mm to about 10 mm from each adjacent bond site.
It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges from the ranges disclosed in the prior art reference in order to have a design of an elastic laminate that has adequate bonding while reducing the bonding points to a minimum to obtain a particularly soft and thick web (paragraph [0029] of Angeli) as having a distance less than 5 mm between bonding areas would result in too many bonding points leading to a web that is not soft and thick and a distance more than 30 mm would result in adequate bonding or adequate cohesion between fibers of the web. It has been held that “[i]n the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists.” Please see MPEP 2144.05, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); and In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
The first nonwoven web and the second nonwoven web each containing protuberances having a height from about 0.1 mm to about 5 mm overlap the claimed range for the non-stranded elastic laminate comprising rugosities having a height greater than 2 mm.
It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges from the ranges disclosed in the prior art reference in order to provide a desired soft texture for the nonwoven webs of the elastic laminate as protuberances less than a height of 0.1 mm would result in nonwoven webs being too smooth due to not having a textured surface and protuberances more than a height of 5 mm would result in nonwoven webs having surfaces that are too rough in regard to feel when used as an absorbent article. It has been held that “[i]n the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists.” Please see MPEP 2144.05, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); and In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Angeli does not disclose the non-stranded elastic laminate comprising the elastomeric film comprising a multilayer film including a first elastic layer sandwiched between a first inelastic film layer and a second inelastic film layer.
However, Zhang discloses the low stress relaxation elastomeric material comprising an elastomeric film comprising a multilayer film including a first elastic layer sandwiched between a first inelastic film layer and a second inelastic film layer (a multilayer polymeric film comprising two or more layers with at least one layer being elastomeric where each elastomeric layer is joined to one or two skin layers; col. 24, lines 27-45) and wherein the elastomeric layer comprises a block copolymer comprising a styrene-olefin-styrene block copolymer comprising SIS, SBS, SIBS and mixtures thereof (col. 12, line 66-col. 13, line 13).
The multilayer polymeric film comprising two or more layers with at least one layer being elastomeric with each elastomeric layer joined to one or two skin layers would result in elastic layers sandwiched between inelastic layers.
It would have been obvious to one of ordinary skill in the art to modify the non-stranded elastic laminate of Angeli to substitute the elastomeric film of Angeli for the multilayer polymeric film of Zhang because doing so provides added comfort, fit and breathability (col. 23, lines 7-16 of Zhang) as Zhang further discloses that other disposable garments incorporate its elastomeric web in various parts for added comfort, fit and breathability. The same benefits would be reasonably expected in the elastic laminate of Angeli as it is used in disposable garments (paragraph [0003] of Zhang).
Claims 14-27 and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Dria et al (US 2018/0271717 A1) in view of Angeli et al (US 2007/0249253 A1) in further view of Zhang et al (US 6,410,129 B2).
Regarding claim 14, Dria discloses a non-stranded elastomeric laminate (elastomeric laminate; paragraph [0047]) comprising elastomeric film bonded to an extensible nonwoven substrate consisting of a first extensible carded nonwoven substrate (an elastomeric layer bonded to a first nonwoven web; paragraphs [0042] and [0046]) and the non-stranded elastomeric laminate comprises rugosities (a gathered laminate; paragraphs [0003] and [0054]).
Dria does not disclose the non-stranded elastic laminate comprising the elastomeric film being point-bonded to an extensible nonwoven substrate consisting of a first extensible carded nonwoven substrate, each elastomeric film-to-extensible nonwoven bond being from about 3 mm to about 10 mm from each adjacent elastomeric film-to-extensible nonwoven bond site, rugosities having a height greater than 2 mm and wherein the rugosities comprise ridges of stretched, non-bonded portions of the first extensible carded nonwoven substrate that extends above a plane of the elastomeric film in the non-stranded elastic laminate.
However, Angeli discloses a non-stranded elastic laminate (elastic laminate; paragraph [0013]) comprising: an elastomeric film (Fig. 7 #34; paragraph [0062]), the elastomeric film being point-bonded to an extensible nonwoven substrate of a first extensible carded nonwoven substrate (a bottom surface of a first nonwoven web thermally point bonded to a top surface of the elastomeric film and a top surface of a second nonwoven web thermally point bonded to a bottom surface of the elastomeric film; Fig. 7 #40 and #44; paragraph [0062]) to create elastomeric film-to-extensible nonwoven bond sites (bonding points are formed between pairs of protuberances opposite each other and partially coinciding; Fig. 7 #48; paragraph [0028]), wherein each elastomeric film-to-extensible nonwoven bond site is from about 3 mm to about 10 mm from each adjacent elastomeric film-to-extensible nonwoven bond site (distance between bonding areas is from about 5 mm to about 30 mm with the bonding points in these concentrated bonding areas; Fig. 7 #48; paragraph [0028]), and further wherein the non-stranded elastic laminate comprises rugosities located between each adjacent elastomeric film-to-extensible nonwoven bond site (protuberances formed by passing two nonwoven webs with an elastic film therebetween a thermal bonding nip comprising upper cylinder and lower cylinder having protuberances; paragraph [0037]) and having a height of greater than 2 mm (the first nonwoven web and the second nonwoven web each contain protuberances having a height from about 0.1 mm to about 5 mm due to the height of the protuberances of a top roller and a bottom roller each having a height from about 0.1 mm to about 5 mm; Fig. 7; paragraph [0037]); wherein the rugosities comprises ridges of stretched, non-bonded portions of the first extensible carded nonwoven substrate that extend above a plane of the elastomeric film in the non-stranded elastic laminate (protuberances formed by passing two nonwoven webs with an elastic film therebetween a thermal bonding nip comprising upper cylinder and lower cylinder having protuberances; paragraph [0037]).
The protuberances formed from a top roller and a bottom roller followed by incremental stretching in the CD direction would result in ridges of stretched, non-bonded portions as Fig. 7 of Angeli disclose some protuberances that do not partially coincide with bonding points #46 and the stretching in the cross direction would provide protuberances that are stretched in the cross direction and parallel to the cross direction. The stretching of the protuberances after they are formed would provide the shape of rugosities in the form of ridges.
The distance between bonding areas being from about 5 mm to about 30 mm overlap the claimed range for each bond site being from about 3 mm to about 10 mm from each adjacent bond site.
It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges from the ranges disclosed in the prior art reference in order to have a design of an elastic laminate that has adequate bonding while reducing the bonding points to a minimum to obtain a particularly soft and thick web (paragraph [0029] of Angeli) as having a distance less than 5 mm between bonding areas would result in too many bonding points leading to a web that is not soft and thick and a distance more than 30 mm would result in adequate bonding or adequate cohesion between fibers of the web. It has been held that “[i]n the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists.” Please see MPEP 2144.05, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); and In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
The first nonwoven web and the second nonwoven web each containing protuberances having a height from about 0.1 mm to about 5 mm overlap the claimed range for the non-stranded elastic laminate comprising rugosities having a height greater than 2 mm.
It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges from the ranges disclosed in the prior art reference in order to provide a desired soft texture for the nonwoven webs of the elastic laminate as protuberances less than a height of 0.1 mm would result in nonwoven webs being too smooth due to not having a textured surface and protuberances more than a height of 5 mm would result in nonwoven webs having surfaces that are too rough in regard to feel when used as an absorbent article. It has been held that “[i]n the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists.” Please see MPEP 2144.05, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); and In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
It would have been obvious to one of ordinary skill to include the point bonding with bond sites having distance between bonding areas being from about 5 mm to about 30 mm of Angeli for the bonding of Dria because doing so provides a design of an elastic laminate that has adequate bonding while reducing the bonding points to a minimum to obtain a particularly soft and thick web (paragraph [0029] of Angeli) as having a distance less than 5 mm between bonding areas would result in too many bonding points leading to a web that is not soft and thick and a distance more than 30 mm would result in adequate bonding or adequate cohesion between fibers of the web.
It would have been obvious to one of ordinary skill in the art to modify the elastomeric laminate of Dria to include the protuberances having a height from about 0.1 mm to about 5 mm of Angeli for the gathers of the elastomeric laminate of Dria because doing so a desired soft texture for the nonwoven webs of the elastic laminate as protuberances less than a height of 0.1 mm would result in nonwoven webs being too smooth due to not having a textured surface and protuberances more than a height of 5 mm would result in nonwoven webs having surfaces that are too rough in regard to feel when used as an absorbent article.
Dria does not disclose the non-stranded elastic laminate comprising the elastomeric film comprising a multilayer film including a first elastic layer sandwiched between a first inelastic film layer and a second inelastic film layer.
However, Zhang discloses the low stress relaxation elastomeric material comprising an elastomeric film comprising a multilayer film including a first elastic layer sandwiched between a first inelastic film layer and a second inelastic film layer (a multilayer polymeric film comprising two or more layers with at least one layer being elastomeric where each elastomeric layer is joined to one or two skin layers; col. 24, lines 27-45) and wherein the elastomeric layer comprises a block copolymer comprising a styrene-olefin-styrene block copolymer comprising SIS, SBS, SIBS and mixtures thereof (col. 12, line 66-col. 13, line 13).
The multilayer polymeric film comprising two or more layers with at least one layer being elastomeric with each elastomeric layer joined to one or two skin layers would result in elastic layers sandwiched between inelastic layers.
It would have been obvious to one of ordinary skill in the art to modify the non-stranded elastic laminate of Zhang to substitute the elastomeric layer of Angeli for the multilayer polymeric film of Zhang because doing so provides added comfort, fit and breathability (col. 23, lines 7-16 of Zhang) as Zhang further discloses that other disposable garments incorporate its elastomeric web in various parts for added comfort, fit and breathability.
Regarding claim 15, Dria and Angeli disclose the non-stranded elastic laminate of claim 14 as noted above.
Dria and Angeli do not disclose the non-stranded elastic laminate comprising the first elastic layer comprising SIS, SBS, SIBS or combinations thereof.
However, Zhang discloses the low stress relaxation elastomeric material comprising the first elastic layer comprising SIS, SBS, SIBS or combinations thereof (the elastomeric layer comprises a block copolymer comprising a styrene-olefin-styrene block copolymer comprising SIS, SBS, SIBS and mixtures thereof; col. 12, line 66-col. 13, line 13).
It would have been obvious to one of ordinary skill in the art to modify the non-stranded elastic laminate of Dria and Angeli to substitute the elastomeric layer of Dria for the multilayer polymeric film of Zhang because doing so provides added comfort, fit and breathability (col. 23, lines 7-16 of Zhang) as Zhang further discloses that other disposable garments incorporate its elastomeric web in various parts for added comfort, fit and breathability. The same benefits would be reasonably expected in the elastic laminate of Angeli as it is used in disposable garments (paragraph [0003] of Zhang).
Regarding claim 16, Dria and Angeli disclose the non-stranded elastic laminate of claim 14 as noted above.
Dria and Angeli do not disclose the non-stranded elastic laminate comprising the first elastic layer comprising an olefinic block copolymer.
However, Zhang discloses the low stress relaxation elastomeric material comprising the first elastic layer comprising an olefinic block copolymer (the elastomeric layer comprises a block copolymer comprising a styrene-olefin-styrene block copolymer comprising SIS, SBS, SIBS and mixtures thereof; col. 12, line 66-col. 13, line 13).
It would have been obvious to one of ordinary skill in the art to modify the non-stranded elastic laminate of Dria and Angeli to substitute the elastomeric layer of Dria for the multilayer polymeric film of Zhang because doing so provides added comfort, fit and breathability (col. 23, lines 7-16 of Zhang) as Zhang further discloses that other disposable garments incorporate its elastomeric web in various parts for added comfort, fit and breathability. The same benefits would be reasonably expected in the elastic laminate of Angeli as it is used in disposable garments (paragraph [0003] of Zhang).
Regarding claim 17, Dria and Angeli disclose the non-stranded elastic laminate of claim 14 as noted above.
Dria and Angeli do not disclose the non-stranded elastic laminate comprising the first elastic layer comprising a polypropylene-based olefinic block copolymer.
However, Zhang discloses the low stress relaxation elastomeric material comprising the first elastic layer comprising a polypropylene-based olefinic block copolymer (the elastomeric layer comprises a block copolymer comprising a styrene-olefin-styrene block copolymer comprising SIS, SBS, SIBS and mixtures thereof in a blend with a polymer such as polypropylene; col. 12, line 66-col. 13, line 20).
It would have been obvious to one of ordinary skill in the art to modify the non-stranded elastic laminate of Dria and Angeli to substitute the elastomeric layer of Dria for the multilayer polymeric film of Zhang because doing so provides added comfort, fit and breathability (col. 23, lines 7-16 of Zhang) as Zhang further discloses that other disposable garments incorporate its elastomeric web in various parts for added comfort, fit and breathability. The same benefits would be reasonably expected in the elastic laminate of Angeli as it is used in disposable garments (paragraph [0003] of Zhang).
Regarding claim 18, Dria and Angeli disclose the non-stranded elastic laminate of claim 14 as noted above and Dria discloses the non-stranded elastic laminate comprising the elastomeric film having a basis weight of from 10 gsm to about 100 gsm (elastomeric layer having a basis weight of from about 10 gsm to about 100 gsm; paragraph [0052]).
The basis weight of the elastomeric layer overlaps the claimed range for the basis weight of the elastomeric film.
It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges from the ranges disclosed in the prior art reference in order to have the have the laminate be more lightweight while not being too light in order to compromise durability. It has been held that “[i]n the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists.” Please see MPEP 2144.05, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); and In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 19, Dria and Angeli disclose the non-stranded elastic laminate of claim 14 as noted above and Dria discloses the non-stranded elastic laminate comprising a set of less than 20% (paragraph [0027]).
Regarding claim 20, Dria and Angeli disclose the non-stranded elastic laminate of claim 14 as noted above and Dria discloses the non-stranded elastic laminate comprising the elastomeric film-to-extensible nonwoven bond sites arranged in rows (bonding being done in a pattern of bonds or an array of bonds; paragraph [0042])
Regarding claim 21, Dria and Angeli disclose the non-stranded elastic laminate of claim 14 as noted above and Dria discloses the non-stranded elastic laminate comprising the first nonwoven web having a basis weight of 10 gsm to 25 gsm (basis weight of first extensible carded nonwoven substrate; paragraph [0046])
Regarding claim 22, Dria and Angeli disclose the non-stranded elastic laminate of claim 14 as noted above and Dria discloses the non-stranded elastic laminate comprising an elastomeric film bonded to a second extensible carded nonwoven substrate (an elastomeric layer bonded to a second nonwoven web; paragraphs [0042] and [0046]) and wherein the elastomeric film is located directly between the first extensible carded nonwoven substrate and the second extensible carded nonwoven substrate (elastomeric layer is directly between the first nonwoven web and the second nonwoven web; paragraph [0046]).
Dria does not disclose non-stranded elastic laminate comprising the elastomeric film being point-bonded to a second extensible carded nonwoven substrate.
However, Angeli discloses the non-stranded elastic laminate comprising the elastomeric film being point-bonded to a second extensible carded nonwoven substrate (a top surface of a second nonwoven web thermally point bonded to a bottom surface of the elastomeric film; Fig. 7 #42; paragraph [0062]) and wherein the first nonwoven web and the second nonwoven web are extensible webs (Fig. 7 #40 and #42; paragraph [0062]).
It would have been obvious to one of ordinary skill in the art to modify the elastomeric laminate of Dria to include the point bonding with bond sites having distance between bonding areas being from about 5 mm to about 30 mm for the bonding of Dria because doing so provides a design of an elastic laminate that has adequate bonding while reducing the bonding points to a minimum to obtain a particularly soft and thick web (paragraph [0029] of Angeli) as having a distance less than 5 mm between bonding areas would result in too many bonding points leading to a web that is not soft and thick and a distance more than 30 mm would result in adequate bonding or adequate cohesion between fibers of the web.
Regarding claim 23, Dria and Angeli disclose the non-stranded elastic laminate of claim 14 as noted above.
Dria and Angeli do not disclose the non-stranded elastic laminate comprising the multilayer film including elastic layers located between inelastic layers and wherein each elastic layer comprises SIS, SBS, SIBS or combinations thereof.
However, Zhang discloses the low stress relaxation elastomeric material comprising a multilayer film including relative elastic layers disposed between relatively inelastic layers (multilayer polymeric film comprising two or more layers with at least one layer being elastomeric and each elastomeric layer joined to one or two skin layers; col. 24, lines 27-45) (col. 24, lines 27-45) and wherein each elastic layer comprises SIS, SBS, SIBS or combinations thereof (elastomeric layer comprises a block copolymer comprising a styrene-olefin-styrene block copolymer comprising SIS, SBS, SIBS and mixtures thereof; col. 12, line 66-col. 13, line 13).
The multilayer polymeric film comprising two or more layers with at least one layer being elastomeric with each elastomeric layer joined to one or two skin layers would result in elastomeric layers disposed between skin layers.
It would have been obvious to one of ordinary skill in the art to modify the elastic laminate of Dria and Angeli to substitute the elastomeric layer of Dria for the multilayer polymeric film of Zhang because doing so provides added comfort, fit and breathability (col. 23, lines 7-16 of Zhang) as Zhang further discloses that other disposable garments incorporate its elastomeric web in various parts for added comfort, fit and breathability.
Regarding claim 24, Dria and Angeli disclose the non-stranded elastic laminate of claim 23 as noted above.
Dria and Angeli do not disclose the non-stranded elastic laminate comprising each elastic layer comprising from about 50 to 99% by weight of SIS, SBS, SIBS or combinations thereof.
However, Zhang discloses the low stress relaxation elastomeric material comprising each elastic layer comprising from about 50 to 99% by weight of SIS, SBS, SIBS or combinations thereof (the elastomeric layer formed from an elastomeric composition comprising about 55 wt% of a styrenic-olefinic triblock copolymer, about 15 wt% polystyrene and 30 wt% of mineral oil; col. 11, lines 27-34).
It would have been obvious to one of ordinary skill in the art to modify the elastic laminate of Dria and Angeli to substitute the elastomeric layer of Dria for the multilayer polymeric film of Zhang because doing so provides added comfort, fit and breathability (col. 23, lines 7-16 of Zhang) as Zhang further discloses that other disposable garments incorporate its elastomeric web in various parts for added comfort, fit and breathability.
Regarding claim 25, Dria and Angeli disclose the non-stranded elastic laminate of claim 24 as noted above.
Dria and Angeli do not disclose the non-stranded elastic laminate comprising each elastic layer further comprising a polystyrene from about 1 to about 30% by weight of each elastic layer.
However, Zhang discloses the low stress relaxation elastomeric material comprising each elastic layer further comprising a polystyrene from about 1 to about 30% by weight of each elastic layer (the elastomeric layer formed from an elastomeric composition comprising about 55 wt% of a styrenic-olefinic triblock copolymer, about 15 wt% polystyrene and 30 wt% of mineral oil; col. 11, lines 27-34).
It would have been obvious to one of ordinary skill in the art to modify the elastic laminate of Dria and Angeli to substitute the elastomeric layer of Dria for the multilayer polymeric film of Zhang because doing so provides added comfort, fit and breathability (col. 23, lines 7-16 of Zhang) as Zhang further discloses that other disposable garments incorporate its elastomeric web in various parts for added comfort, fit and breathability.
Regarding claim 26, Dria and Angeli disclose the non-stranded elastic laminate of claim 14 as noted above and Dria discloses the non-stranded elastic laminate comprising the first extensible carded nonwoven substrate comprising a blend of polyethylene and polypropylene (fibers of the nonwoven webs comprising a mixture of fibers comprising polyethylene and polypropylene; paragraph [0084]).
Regarding claim 27, Dria and Angeli disclose the non-stranded elastic laminate of claim 14 as noted above and Dria discloses the non-stranded elastic laminate comprising elastomeric film-to extensible nonwoven bond sites defining the only bond sites of the non-stranded elastic laminate (bonding being done in a pattern of bonds or an array of bonds; paragraph [0042]).
Regarding claim 29, Dria discloses a non-stranded elastomeric laminate (elastomeric laminate; paragraph [0047]) comprising an elastomeric film bonded to an extensible nonwoven substrate consisting of a first extensible carded nonwoven substrate (an elastomeric layer bonded to a first nonwoven web; paragraphs [0042] and [0046]), an elastomeric film bonded to a second extensible carded nonwoven substrate (the elastomeric layer bonded to a second nonwoven web; paragraphs [0042] and [0046]), wherein the elastomeric film is directly between the first extensible carded nonwoven substrate and the second extensible carded nonwoven substrate (elastomeric layer is directly between the first nonwoven web and the second nonwoven web; paragraph [0046]) and the non-stranded elastomeric laminate comprises rugosities (a gathered laminate; paragraphs [0003] and [0054]).
Dria does not disclose the non-stranded elastic laminate comprising the elastomeric film being point-bonded to an extensible nonwoven substrate consisting of a first extensible carded nonwoven substrate, each elastomeric film-to-extensible nonwoven bond being from about 3 mm to about 10 mm from each adjacent elastomeric film-to-extensible nonwoven bond site, rugosities having a height greater than 2 mm and wherein the rugosities comprise ridges of stretched, non-bonded portions of the first extensible carded nonwoven substrate that extends above a plane of the elastomeric film in the non-stranded
However, Angeli discloses a non-stranded elastic laminate (elastic laminate; paragraph [0013]) comprising: an elastomeric film (Fig. 7 #34; paragraph [0062]), the elastomeric film being located directly between a first extensible and nonwoven substrate and a second extensible nonwoven substrate (a bottom surface of a first nonwoven web thermally point bonded to a top surface of the elastomeric film and a top surface of a second nonwoven web thermally point bonded to a bottom surface of the elastomeric film; Fig. 7 #40 and #44; paragraph [0062]), the elastomeric film being point-bonded to each of the first extensible nonwoven substrate and the second extensible nonwoven substrate a bottom surface of a first nonwoven web thermally point bonded to a top surface of the elastomeric film and a top surface of a second nonwoven web thermally point bonded to a bottom surface of the elastomeric film; Fig. 7 #40 and #44; paragraph [0062]) and defining a plurality of elastomeric film-to-extensible nonwoven bond sites (bonding points are formed between pairs of protuberances opposite each other and partially coinciding; Fig. 7 #48; paragraph [0028]), wherein each elastomeric film-to-extensible nonwoven bond site is from about 3 mm to about 10 mm from each adjacent elastomeric film-to-extensible nonwoven bond site (distance between bonding areas is from about 5 mm to about 30 mm with the bonding points in these concentrated bonding areas; Fig. 7 #48; paragraph [0028]), and further wherein the non-stranded elastic laminate comprises rugosities located between each adjacent elastomeric film-to-extensible nonwoven bond site protuberances formed by passing two nonwoven webs with an elastic film therebetween a thermal bonding nip comprising upper cylinder and lower cylinder having protuberances; paragraph [0037] and having a height of greater than 2 mm (the first nonwoven web and the second nonwoven web each contain protuberances having a height from about 0.1 mm to about 5 mm due to the height of the protuberances of a top roller and a bottom roller each having a height from about 0.1 mm to about 5 mm; Fig. 7; paragraph [0037]); wherein the rugosities comprises ridges of stretched, non-bonded portions of the first extensible carded nonwoven substrate and the second extensible nonwoven substrate that extend outwardly from a plane of the elastomeric film in the non-stranded elastic laminate (protuberances are formed by passing two nonwoven webs with an elastic film therebetween a thermal bonding nip comprising upper cylinder and lower cylinder having protuberances; Fig. 7; paragraph [0037]).
The distance between bonding areas being from about 5 mm to about 30 mm overlap the claimed range for each bond site being from about 3 mm to about 10 mm from each adjacent bond site.
It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges from the ranges disclosed in the prior art reference in order to have a design of an elastic laminate that has adequate bonding while reducing the bonding points to a minimum to obtain a particularly soft and thick web (paragraph [0029] of Angeli) as having a distance less than 5 mm between bonding areas would result in too many bonding points leading to a web that is not soft and thick and a distance more than 30 mm would result in adequate bonding or adequate cohesion between fibers of the web. It has been held that “[i]n the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists.” Please see MPEP 2144.05, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); and In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
The first nonwoven web and the second nonwoven web each containing protuberances having a height from about 0.1 mm to about 5 mm overlap the claimed range for the non-stranded elastic laminate comprising rugosities having a height greater than 2 mm.
It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges from the ranges disclosed in the prior art reference in order to provide a desired soft texture for the nonwoven webs of the elastic laminate as protuberances less than a height of 0.1 mm would result in nonwoven webs being too smooth due to not having a textured surface and protuberances more than a height of 5 mm would result in nonwoven webs having surfaces that are too rough in regard to feel when used as an absorbent article. It has been held that “[i]n the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists.” Please see MPEP 2144.05, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); and In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
It would have been obvious to one of ordinary skill in the art to modify the elastomeric laminate of Dria to include the point bonding with bond sites having distance between bonding areas being from about 5 mm to about 30 mm for the bonding of Dria because doing so provides a design of an elastic laminate that has adequate bonding while reducing the bonding points to a minimum to obtain a particularly soft and thick web (paragraph [0029] of Angeli) as having a distance less than 5 mm between bonding areas would result in too many bonding points leading to a web that is not soft and thick and a distance more than 30 mm would result in adequate bonding or adequate cohesion between fibers of the web.
It would have been obvious to one of ordinary skill in the art to modify the elastomeric laminate of Dria to include the protuberances having a height from about 0.1 mm to about 5 mm of Angeli for the gathers of the elastomeric laminate of Dria because doing so a desired soft texture for the nonwoven webs of the elastic laminate as protuberances less than a height of 0.1 mm would result in nonwoven webs being too smooth due to not having a textured surface and protuberances more than a height of 5 mm would result in nonwoven webs having surfaces that are too rough in regard to feel when used as an absorbent article.
Dria does not disclose the non-stranded elastic laminate comprising the elastomeric film comprising a multilayer film including a first elastic layer sandwiched between a first inelastic film layer and a second inelastic film layer.
However, Zhang discloses the low stress relaxation elastomeric material comprising an elastomeric film comprising a multilayer film including a first elastic layer sandwiched between a first inelastic film layer and a second inelastic film layer (a multilayer polymeric film comprising two or more layers with at least one layer being elastomeric where each elastomeric layer is joined to one or two skin layers; col. 24, lines 27-45) and wherein the elastomeric layer comprises a block copolymer comprising a styrene-olefin-styrene block copolymer comprising SIS, SBS, SIBS and mixtures thereof (col. 12, line 66-col. 13, line 13).
The multilayer polymeric film comprising two or more layers with at least one layer being elastomeric with each elastomeric layer joined to one or two skin layers would result in elastic layers sandwiched between inelastic layers.
It would have been obvious to one of ordinary skill in the art to modify the non-stranded elastic laminate of Dria and Angeli to substitute the elastomeric layer of Dria for the multilayer polymeric film of Zhang because doing so provides added comfort, fit and breathability (col. 23, lines 7-16 of Zhang) as Zhang further discloses that other disposable garments incorporate its elastomeric web in various parts for added comfort, fit and breathability.
Regarding claim 30, Dria and Angeli disclose the non-stranded elastic laminate of claim 29 as noted above and Dria discloses the non-stranded elastic laminate comprising elastomeric film-to extensible nonwoven bond sites defining the only bond sites of the non-stranded elastic laminate (bonding being done in a pattern of bonds or an array of bonds; paragraph [0042]).
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Angeli et al (US 2007/0249253 A1) in view of Zhang et al (US 6,410,129 B2) in further view of Morman et al (US 2004/0121687 A1).
Regarding claim 28, Angeli and Zhang disclose the non-stranded elastic laminate of claim 14 as noted above.
Angeli and Zhang do not disclose the non-stranded elastic laminate comprising the elastomeric film including a filler material suitable for pore formation upon stretching of the elastomeric film.
However, Mormon discloses an extensible laminate comprising elastomeric film including a filler material suitable for pore formation upon stretching of the elastomeric film (an elastomeric sheet including a particulate filler and being stretched-thinned to cause void formation around the filler particles making the film breathable; paragraph [0081]).
It would have been obvious to one of ordinary skill in the art to modify the elastic laminate of Angeli and Zhang to include the particulate filler of Mormon in the elastomeric film of Angeli because having the particulate filler in the elastomeric sheet allows for void formation around the filler particles when the elastomeric sheet is stretched-thinned making the film breathable (paragraph [0081] of Mormon).
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Dria et al (US 2018/0271717 A1) in view of Angeli et al (US 2007/0249253 A1) in further view of Zhang et al (US 6,410,129 B2)in further view of Morman et al (US 2004/0121687 A1).
Regarding claim 28, Dria, Angeli and Zhang disclose the non-stranded elastic laminate of claim 14 as noted above
Dria, Angeli and Zhang do not disclose the non-stranded elastic laminate comprising the elastomeric film including a filler material suitable for pore formation upon stretching of the elastomeric film.
However, Mormon discloses an extensible laminate comprising elastomeric film including a filler material suitable for pore formation upon stretching of the elastomeric film (an elastomeric sheet including a particulate filler and being stretched-thinned to cause void formation around the filler particles making the film breathable; paragraph [0081]).
It would have been obvious to one of ordinary skill in the art to modify the elastic laminate of Dria, Angeli and Zhang to include the particulate filler of Mormon in the elastomeric layer of Dria because having the particulate filler in the elastomeric sheet allows for void formation around the filler particles when the elastomeric sheet is stretched-thinned making the film breathable (paragraph [0081] of Mormon).
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Angeli et al (US 2007/0249253 A1) in view of Zhang et al (US 6,410,129 B2) in further view of Morman et al (US 2004/0121687 A1).
Regarding claim 31, Angeli and Zhang disclose the non-stranded elastic laminate of claim 29 as noted above.
Angeli and Zhang do not disclose the non-stranded elastic laminate comprising the elastomeric film including a filler material suitable for pore formation upon stretching of the elastomeric film.
However, Mormon discloses an extensible laminate comprising elastomeric film including a filler material suitable for pore formation upon stretching of the elastomeric film (an elastomeric sheet including a particulate filler and being stretched-thinned to cause void formation around the filler particles making the film breathable; paragraph [0081]).
It would have been obvious to one of ordinary skill in the art to modify the elastic laminate of Angeli and Zhang to include the particulate filler of Mormon in the elastomeric film of Angeli because having the particulate filler in the elastomeric sheet allows for void formation around the filler particles when the elastomeric sheet is stretched-thinned making the film breathable (paragraph [0081] of Mormon).
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Dria et al (US 2018/0271717 A1) in view of Angeli et al (US 2007/0249253 A1) in further view of Zhang et al (US 6,410,129 B2) in further view of Morman et al (US 2004/0121687 A1).
Regarding claim 31, Dria, Angeli and Zhang disclose the non-stranded elastic laminate of claim 30 as noted above
Dria, Angeli and Zhang do not disclose the non-stranded elastic laminate comprising the elastomeric film including a filler material suitable for pore formation upon stretching of the elastomeric film.
However, Mormon discloses an extensible laminate comprising elastomeric film including a filler material suitable for pore formation upon stretching of the elastomeric film (an elastomeric sheet including a particulate filler and being stretched-thinned to cause void formation around the filler particles making the film breathable; paragraph [0081]).
It would have been obvious to one of ordinary skill in the art to modify the elastic laminate of Dria, Angeli and Zhang to include the particulate filler of Mormon in the elastomeric layer of Dria because having the particulate filler in the elastomeric sheet allows for void formation around the filler particles when the elastomeric sheet is stretched-thinned making the film breathable (paragraph [0081] of Mormon).
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicants argue that Angeli does not disclose the claimed multilayer film.
This argument is moot as Angeli does not disclose the claimed multilayer film and therefore the previous rejection has been withdrawn. However, a new grounds of rejection has been noted above.
Applicant's arguments filed 10/15/2025 have been fully considered but they are not persuasive.
Applicants argue that Angeli is silent regarding the spacing between nonwoven-to-film bonds 48.
This argument is not persuasive as these limitations are disclosed by Angeli in the rejections noted above. #46 in the figures refers to the rugosities which are offset from the bond sites #48. The distance between bonding areas being from about 5 mm to about 30 mm and the protuberances having a height from about 0.1 mm to about 5 mm overlaps the claimed ranges for the distance between bond sites and the height of the rugosities.
Applicants argue that the passages of Angeli relied upon do not disclose bonding of the film and the nonwoven.
This argument is not persuasive as the point bonding of the nonwoven to the film in Angeli is disclosed.
Applicants argue that the cited art does not disclose the combination of each elastomeric film-to extensible nonwoven bond site between the film and the nonwoven being from about 3 mm to about 10 mm and the rugosities located between each adjacent bond site and having a height of greater than 2 mm as recited in claims 14 and 29, and Angeli does not disclose the presence of rugosities.
This argument is not persuasive as these limitations are disclosed by Angeli in the rejections noted above. #46 in the figures refers to the rugosities which are offset from the bond sites #48. The distance between bonding areas being from about 5 mm to about 30 mm and the protuberances having a height from about 0.1 mm to about 5 mm overlaps the claimed ranges for the distance between bond sites and the height of the rugosities.
Applicants argue that Dria teaches away from carded nonwoven layers.
This argument is not persuasive as there is no negative teaching in Dria in regard to the carded nonwoven layers.
Applicants argue Zhang do not cure the deficiencies of Angeli or Dria.
This argument is not persuasive as Zhang is a teaching reference used to teach a multilayer polymer film. Mormon was not used in the previous final rejection.
However, note that while Zhang does not disclose all the features of the present claimed invention, Zhang is a teaching reference, and therefore, it is not necessary for this secondary reference to contain all the features of the presently claimed invention, In re Nievelt, 482 F.2d 965, 179 USPQ 224, 226 (CCPA 1973), In re Keller 624 F.2d 413, 208 USPQ 871, 881 (CCPA 1981). Rather this reference teaches certain concepts, namely a multilayer polymer film, and in combination with the primary reference, discloses the presently claimed invention.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SATHAVARAM I REDDY/Examiner, Art Unit 1785